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CINGLE v. STATE

No. S-08-386.

766 N.W.2d 381 (2009)

277 Neb. 957

Colleen CINGLE, Special Administrator of the Estate of Daniel Luethke, deceased, appellant, v. STATE of Nebraska, appellee.

Supreme Court of Nebraska.

June 19, 2009.

Attorney(s) appearing for the Case

Michael A. Nelsen and Ryan P. Bailey, of Hillman, Forman, Nelsen, Childers & McCormack, Omaha, for appellant.

Jon Bruning, Attorney General, and Linda L. Willard, Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

STEPHAN, J.

On December 5, 2003, Daniel Luethke was in the custody of the State of Nebraska Department of Correctional Services at its Diagnostic and Evaluation Center (D & E) located in Lincoln, Nebraska. On that date, Luethke was assaulted and fatally injured by another prisoner at the facility. Colleen Cingle, as the special administrator of Luethke's estate, brought this action for damages against the State of Nebraska under the State Tort Claims Act,

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